State v. Gilson

DAVIS, Judge.

The State challenges the final order of the trial court granting Mark Gilson’s motion to dismiss the charge of attempted first-degree murder of a law enforcement officer due to the State’s destruction of certain evidence. Because the trial court’s ruling is based on facts presented in the motion to dismiss that are not supported by the record, we reverse.

In 1997, Gilson was convicted after jury trial of attempted first-degree murder of a law enforcement officer. The trial court sentenced Gilson to forty years’ imprisonment with a twenty-five-year minimum mandatory. This court…